Were You Injured in a Tarzana Truck Accident?
The keys to winning a truck accident case
Through our many years of serving clients in Burbank and surrounding areas, we are well aware that this region has a lot of commercial truck traffic. And that means, accidents involving big rigs can and do happen on a regular basis.
On the surface, these truck and other related heavy machinery accidents, such as those involving cranes, share many of the same characteristics as car accidents.
Our initial hurdle is to prove that the driver of the truck operated in a negligent way. The tests are the same as with passenger vehicle accidents. We must prove that the operator had a duty to act reasonably while driving and that they did not fulfill that duty, whether it was because they were driving too fast, ran a red light or committed some other kind of infraction. If we can prove these items, then we must be able to prove that their actions directly caused damage or injuries to the victim and that the result was some form of monetary loss, such as those stemming from medical bills, lost wages, or pain and suffering.
However, in an 18 wheeler accident, or in any accident involving a large piece of machinery, an attorney will have the extra layer of not only proving negligence but also identifying all of the possible defendants. On the surface, this way sound easy.
Of course, the driver will be a defendant, but it may be possible to cite the driver’s employer as a defendant too if we can establish that they were also a part of the negligent behavior. For example, the unsafe behavior may have resulted from making a driver work too many hours. The key is to show that the employer has some form of control over the driver.
While it’s less common, placing fault with parties responsible for poor road conditions or poor signage that can be shown as a cause of the accident may also be another avenue for us to explore. If inadequate safety warnings were posted and can be proven to be a contributing factor, then a construction company or a government agency may also share some liability.
Truck accidents can be complicated, and because of the size disparity that exists between cars and trucks, when an accident takes place, it usually involves more serious injuries with longer recovery times and more medical expenses. This is another reason why it’s best to let an experienced truck accident attorney take on the responsibility of representing you as soon as possible after you’ve been involved in an accident with a truck or heavy piece of machinery.
Michael P. Rubin & Associates serves clients in Tarzana, Reseda, Sherman Oaks, Encino, Studio City, Woodland Hills, West Hills, North Hollywood, Glendale, Burbank and surrounding California communities.